Court Visit Analysis
To build confidence in the justice system, the court has been inclined to the fundamental principle of openness in Australia (McLachlin, B 2003, p. For example, the Australia high court Justice, Gibbs in the case of Russell v Russell stipulated that the court has to maintain the integrity and confidence in the public administration of justice. Therefore, this case hearings and proceedings were supposed to be exposed to the public for it to scrutinize and criticize the integrity of the court. As asserted by Australian Law Reform Commission (2015a), the house of lords found that the case of Scott v Scott violated the constitutional rights and, therefore, addressed the conformity to the order. Lord Atkinson eloquently stated that the principle of openness in the court is crucial in ensuring that justice is accessible to the public and the press.
The magistrate court then conducts the proceedings. If criminal matters relating to young people are more serious, the supreme court judges and jury are entitled to hear this case. The court in the division of koori court hears the cases concerning the criminal cases of the young people apart from the sexual offences. The Koori Court conduct different court processes from the Criminal Division but the sentencing outcomes are the same. The court of Victoria has various types of hearings such as the committal hearings and the contest hearing. One interaction in the court was when the magistrate said to the parties that ‘the matter to the hearing pertained the Children, Youth and Families Act 2005(Vic)’. The magistrate had the total power on the proceedings of the court The Independent Children’s Lawyer In the child protection proceedings, the role of the independent Children’s lawyer was to represent the interest of the child maximumly.
He had to consider the thought of the child but in his own judgement meet the child’s major interests (Ross N 2012, pp. The court can appoint the Independent Children’s Lawyer under the family Law Act 1975, or on the application of the related organisations or children themselves. In the Children’s Court, the ICL wore business attire, but did not wear formal court dress according to the Federal Circuit Court’s practice direction. Duty lawyers makes vulnerable individual access justice as they provide legal advice in relation to the law and what happened in court, apply for legal aid, and represent parties in court (Victoria Legal Aid, 2018). Thus, vulnerable individuals have more opportunistic to access the legal system to obtain fair judgements by having duty lawyer service.
Court Network Court Network is the non-legal volunteer service to provide support to all the users in the Melbourne Children’s court (Court Network 2018). Two Court Network volunteers who stand beside and instil confidence to all court users are assigned to Melbourne Children’s Court on a daily basis. The Court Network enhances people’s access to justice as Court Network volunteers provide personal support to the court users and other related service. Courtroom experience: My thoughts /feelings and the context I felt anxious before I entered the Melbourne Children’s Court as it was my first time to visit the court. There was a big sign outlining Conditions of Entry policy of Children’s Court of Victoria outside the court.
The policy was published in English only, which regulate your behaviours in the court. People can be denied entry to the court, removal from the premises or even arrest if they breach those conditions of entry. Thus, I realised that I must be respectful to the court and follow the policy. Given the distinctiveness of the Children’s Court, young people as vulnerable individuals, should be considered in their needs more specifically. There is a possibility that young people are new migrants and they can’t understand English. The multilingual signs, simplified guide, and comic legal instructions will help one to know the basic process and rules. My personal view to the open court I think that the court should be open to the public in general.
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